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A man’s ten year jail-term for raping his three-year-old niece 12 years ago has been upheld by the Delhi High Court relying on the testimony of victim’s mother.

Dismissing the appeal of Rajesh, who is out on bail, against the trial court’s judgement, Justice S P Garg directed him to surrender before the trial court on February 27 to complete the sentence.

“I am of the view that the conviction of the accused is based upon fair and cogent appraisal of the evidence and no interference is called for. The appeal lacks merit and is dismissed. The conviction and sentence of the appellant (Rajesh) are maintained…,” the court told.

The court rejected the convict’s argument that he was falsely implicated as the victim’s father was compelling his mother to sell their house to enable them to extend and rebuilt their house.

“I have no reasons to discard the statement of victim’s mother who had no ulterior motive to falsely implicate the accused who was their relative and with whom they had no animosity.

“Her testimony appears truthful and trust-worthy being without any embellishments and exaggerations,” the court said, adding her daughter was raped and “her honour was at stake. It is improbable that victim’s parents would set up such a false case for alleged trivial benefit to buy the property of the accused.”

According to the prosecution, the accused, who is cousin of victim’s father, had raped the girl in her own house in Shahadara area of North-East Delhi on August 9, 1999.

The trial court had in 2000 held him guilty and sentenced him to ten years imprisonment while also imposing a fine of Rs 5000 on him.

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